| Matter of Mary UU. (Michael UU.\MMarie VV.) |
| 2010 NY Slip Op 01406 [70 AD3d 1227] |
| February 18, 2010 |
| Appellate Division, Third Department |
| In the Matter of Mary UU. and Another, Children Alleged to beNeglected. Broome County Department of Social Services, Respondent; Michael UU.,Appellant, et al., Respondent. Marie VV., Respondent. (And Another RelatedProceeding.) |
—[*1] Thomas P. Coulson, Broome County Department of Social Services, Binghamton, forBroome County Department of Social Services, respondent. Allen E. Stone, Vestal, for Marie VV., respondent. Randolph V. Kruman, Law Guardian, Cortland.
Peters, J. Appeal from an order of the Family Court of Broome County (Charnetsky, J.),entered May 14, 2009, which, among other things, granted petitioner's application, in aproceeding pursuant to Family Ct Act article 10, to adjudicate the subject children to beneglected.[*2]
Petitioner commenced this neglect proceeding alleging,among other things, that respondent Michael UU. (hereinafter respondent) used and was underthe influence of controlled substances while caring for the subject children (born in 1995 and1997). Thereafter, with the assistance of counsel, respondent admitted to certain allegationscontained in the petition, including that he was a person legally responsible for the children'scare, and consented to both a finding that he neglected the children and Family Court'sdisposition. Respondent now appeals, arguing that he is not a person legally responsible for thechildren's care within the meaning of Family Court Act § 1012 (a) and (g).
Because no appeal lies from an order entered on consent, this appeal must be dismissed(see Matter of Michael CC., 216 AD2d 740 [1995]; see also Matter of Fantasia Y., 45 AD3d 1215, 1216 [2007]). Tothe extent that respondent argues that his consent was not knowing, intelligent or voluntary, hefailed to make an application in Family Court to vacate the order (see Family Ct Act§ 1051 [f]; § 1061; Matterof Brittany T., 48 AD3d 995, 996 [2008]).[FN*]
Cardona, P.J., Rose, Kavanagh and McCarthy, JJ., concur. Ordered that the appeal isdismissed, without costs.
Footnote *: Respondent's challenge to thedismissal of his custody modification petition, which order was entered subsequent to the filingof his notice of appeal sub judice, is not properly before us since he did not file a notice ofappeal from that order (see Matter ofJasper QQ., 64 AD3d 1017, 1019-1020 [2009], lv denied 13 NY3d 706 [2009];Matter of Ashley D., 268 AD2d 803, 805 [2000], lv denied 94 NY2d 763[2000]).